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Water Law of the People's Republic of China

发布时间:2008年06月11日18:17 Source: Release time: June 11, 2008 18:17
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(Adopted at the 29th meeting of the Standing Committee of the Ninth National People's Congress on August 29, 2002. Promulgated by Order No. 74 of the People's Republic of China on August 29, 2002. Effective as of October 1, 2002

Directory

Chapter 1 General

Chapter TwoWater Resources Planning

Chapter ThreeDevelopment and Utilization of Water Resources

Chapter 4 Protection of Water Resources, Waters and Water Projects

Chapter FiveWater Resources Allocation and Economical Use

Chapter SixWater dispute handling and law enforcement supervision and inspection

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter 1 General

Article 1 This Law is enacted in order to rationally develop, utilize, save and protect water resources, prevent and control water damage, achieve sustainable use of water resources, and meet the needs of national economic and social development.

Article 2 This Law applies to the development, utilization, conservation, protection and management of water resources in the territory of the People's Republic of China, and to prevent and control water damage.

Water resources mentioned in this law include surface water and groundwater.

Article 3Water resources belong to the state. Ownership of water resources is exercised by the State Council on behalf of the state. The water in the ponds of the rural collective economic organizations and the reservoirs constructed and managed by the rural collective economic organizations shall be used by the rural collective economic organizations.

Article 4Development, utilization, conservation, protection of water resources, and prevention and control of water disasters shall be comprehensively planned, planned, balanced, treated at the root of the problem, comprehensively utilized, and emphasized on efficiency. The multiple functions of water resources shall be brought into play, and life, production and operation, and Ecological environment water.

Article 5People's governments at or above the county level shall strengthen the construction of water conservancy infrastructure and incorporate them into their national economic and social development plans.

Article 6The State encourages units and individuals to develop and use water resources in accordance with the law and protect their legitimate rights and interests. Units and individuals that develop and use water resources have the obligation to protect water resources according to law.

Article 7The State implements a water withdrawal permit system and a paid use system for water resources according to law. However, the exception is the use of water in ponds and reservoirs of rural collective economic organizations and their members. The water administrative department of the State Council is responsible for the organization and implementation of the national water withdrawal permit system and the paid use of water resources.

Article 8The state shall strictly implement water conservation, vigorously promote water conservation measures, promote new technologies and techniques for water conservation, develop water-saving industries, agriculture and service industries, and establish water-saving society.

People's governments at all levels shall take measures to strengthen the management of water conservation, establish a system for the development and promotion of water conservation technologies, and cultivate and develop water conservation industries.

Units and individuals have the obligation to conserve water.

Article 9The state protects water resources and adopts effective measures to protect vegetation, plant trees and grass, conserve water sources, prevent soil erosion and water pollution, and improve the ecological environment.

Article 10The State encourages and supports the research, promotion, and application of advanced science and technology for the development, utilization, conservation, protection, management of water resources, and prevention and control of water damage.

Article 11The units and individuals who have made outstanding achievements in the development, utilization, conservation, protection, management of water resources and prevention and control of water damage shall be rewarded by the people's government.

Article 12The state implements a management system that combines basin management and administrative area management on water resources.

The competent water administrative department of the State Council is responsible for the unified management and supervision of water resources across the country.

Watershed management agencies (hereinafter referred to as watershed management agencies) established by the State Council ’s water administrative department in important rivers and lakes identified by the state shall exercise water provided by laws, administrative regulations and authorized by the State Council ’s water administrative department within their jurisdiction. Resource management and supervision responsibilities.

The competent water administrative department of the local people's government at or above the county level shall be responsible for the unified management and supervision of water resources within its administrative area in accordance with the prescribed authority.

Article 13The relevant departments of the State Council are responsible for the related work of water resources development, utilization, conservation and protection according to the division of responsibilities.

Relevant departments of local people's governments at or above the county level are responsible for the work related to the development, utilization, conservation, and protection of water resources in their respective administrative areas in accordance with the division of responsibilities.

Chapter Ⅱ Water Resources Planning

Article 14The State formulates a national water resources strategic plan.

Development, utilization, conservation, protection of water resources, and prevention and control of water disasters shall be formulated in accordance with river basins and regions. Planning is divided into river basin planning and regional planning. Watershed planning includes integrated river basin planning and professional river basin planning; regional planning includes regional comprehensive planning and regional professional planning.

The comprehensive planning referred to in the preceding paragraph refers to the overall deployment of development, utilization, conservation, protection of water resources, and prevention and control of water damage, which are compiled in accordance with the needs of economic and social development and the current status of water resources development and utilization. The professional planning referred to in the preceding paragraph refers to plans for flood prevention, flood control, irrigation, shipping, water supply, hydropower generation, bamboo and wood exile, fisheries, water resources protection, soil and water conservation, sand prevention and control, and water conservation.

Article 15Regional planning within the basin area shall be subject to basin planning, and professional planning shall be subject to comprehensive planning.

Comprehensive river basin planning, regional comprehensive planning, and professional planning closely related to land use should be coordinated with the national economic and social development plan, the overall land use plan, the urban overall plan, and the environmental protection plan. need.

Article 16To formulate a plan, a comprehensive scientific investigation and survey of water resources must be conducted. The comprehensive scientific investigation and investigation and evaluation of water resources shall be organized by the water administrative department of the people's government at or above the county level in conjunction with relevant departments at the same level.

People's governments at or above the county level shall strengthen the construction of hydrology and water resources information systems. The water administrative department and basin management agency of the people's government at or above the county level shall strengthen the dynamic monitoring of water resources.

Basic hydrological data shall be made public in accordance with relevant national regulations.

Article 17The comprehensive river basin and lake planning determined by the State shall be prepared by the water administrative department of the State Council in conjunction with the relevant departments of the State Council and the people's governments of the relevant provinces, autonomous regions, and municipalities directly under the Central Government and submitted to the State Council for approval. Comprehensive river basin planning and regional comprehensive planning for other rivers and lakes across provinces, autonomous regions, and municipalities are prepared by the relevant river basin management agencies in conjunction with the water administrative departments and relevant departments of the people's governments of the provinces, autonomous regions, and municipalities where the rivers and lakes are located, and the relevant departments have been prepared separately. The people's governments of provinces, autonomous regions, and municipalities shall, after reviewing and submitting their opinions, submit them to the water administrative department of the State Council for review; after the water administrative department of the State Council solicits opinions from the relevant departments of the State Council, they shall report to the State Council or its authorized departments for approval.

The comprehensive river basin planning and regional comprehensive planning of the rivers and lakes other than those specified in the preceding paragraph shall be prepared by the water administrative department of the local people ’s government at or above the county level, together with relevant departments at the same level and the relevant local people ’s government, and reported to the people ’s government at the same level or other Authorized departments approve and report to the higher-level water administrative department for the record.

Professional planning is prepared by the relevant departments of the people's government at or above the county level, and it is submitted to the people's government at the same level for approval after soliciting opinions from other relevant departments at the same level. Among them, the preparation and approval of flood control plans and soil and water conservation plans shall be implemented in accordance with the relevant provisions of the Flood Control Law and the Soil and Water Conservation Law.

Article 18Once the plan is approved, it must be strictly implemented.

When an approved plan needs to be modified, it must be approved by the original approving authority in accordance with the planning process.

Article 19The construction of water projects must conform to the integrated river basin planning. Before constructing water projects on important rivers, lakes and rivers and lakes across provinces, autonomous regions, and municipalities identified by the state, the relevant river basin management agency should verify whether the construction of the water project complies with the integrated river basin planning before the project feasibility study report is submitted for approval. Review and sign opinions; before constructing water projects on other rivers and lakes, before submitting the project feasibility study report for approval, the water administrative department of the local people's government at or above the county level shall conduct the construction of the water project in accordance with the comprehensive river basin planning according to the management authority Review and sign opinions. If the construction of a water project involves flood prevention, it shall be implemented in accordance with the relevant provisions of the Flood Prevention Law; if it involves other regions and industries, the construction unit shall solicit the opinions of the relevant regions and departments in advance.



Chapter III Development and Utilization of Water Resources

Article 20Development and utilization of water resources shall adhere to the combination of profit and harm elimination, and take into account the interests of upstream and downstream, left and right banks and relevant areas, give full play to the comprehensive benefits of water resources, and obey the overall flood control arrangement.

Article 21 Development and utilization of water resources shall first meet the domestic and urban residents' water needs, and take into account the needs of agriculture, industry, ecological environment, and shipping.

Development and utilization of water resources in arid and semi-arid areas should fully consider the ecological and environmental water needs.

Article 22 Cross-basin water transfer shall be comprehensively planned and scientifically demonstrated, and the overall needs of water use in and out of the basin shall be taken into consideration to prevent damage to the ecological environment.

Article 23Local people's governments at all levels shall, in accordance with the actual situation of water resources in the region, follow the principles of unified dispatch and development of surface water and groundwater, the combination of open source and throttling, priority of throttling, and reuse of sewage treatment. Reasonably organize the development and comprehensive utilization of water resources.

National economic and social development planning, the preparation of urban master plans, and the layout of major construction projects should be adapted to local water resources conditions and flood control requirements, and scientifically demonstrated. In areas with insufficient water resources, the scale and The construction of water-intensive industrial, agricultural and service projects is restricted.

Article 24In areas where water resources are scarce, the state encourages the collection, development, and use of rainwater and brackish water, and the use and desalination of seawater.

Article 25Local people's governments at all levels should strengthen leadership in irrigation, drainage, and soil and water conservation to promote the development of agricultural production; in areas prone to salinization and damage, measures should be taken to control and reduce Groundwater level.

If a rural collective economic organization or its members invest in the construction of water engineering facilities on collective land or contracted land owned by the collective economic organization in accordance with law, the water engineering facilities and their water storage shall be based on the principle of who invests and manages and who benefits. For management and fair use.

The construction of reservoirs by rural collective economic organizations shall be approved by the water administrative department of the local people's government at or above the county level.

Article 26The State encourages the development and utilization of water energy resources. In rivers rich in water energy, multi-target cascade development should be carried out in a planned way.

When constructing a hydroelectric power station, the ecological environment shall be protected, taking into account the needs of flood control, water supply, irrigation, shipping, bamboo and wood exile, and fisheries.

Article 27 The State encourages the development and utilization of water transport resources. To construct a permanent barrage on aquatic life migration passages, navigable rivers, or rivers of bamboo and wood exile, the construction unit shall simultaneously construct fish, boat, and wood facilities, or adopt other remedial measures approved by the department authorized by the State Council, and The construction unit shall properly arrange the protection of aquatic organisms, shipping and bamboo exile during construction and storage, and the construction unit shall bear the expenses.

If a sluice dam can be navigable on a non-navigable river or artificial channel, the sluice dam construction unit shall also build or reserve the location of the sluice facilities.

Article 28Any unit or individual diversion, interception (storage) or drainage of water shall not damage the public interest and the legitimate rights and interests of others.

Article 29 The state implements the development resettlement policy for water project resettlement, and properly arranges the production and livelihood of the resettlers in accordance with the principle of combining early compensation, subsidies and later support to protect the legitimate rights and interests of the resettlers.

Resettlement shall be carried out simultaneously with the construction of the project. The construction unit shall, in accordance with the environmental capacity of the resettlement area and the principle of sustainable development, prepare measures for resettlement according to local conditions, and after approval in accordance with the law, the relevant local people's government will organize the implementation. The required resettlement funds are included in the project construction investment plan.

Chapter IV Protection of Water Resources, Waters and Water Projects

Article 30When formulating water resources development, utilization planning, and dispatching water resources, the water administrative departments, river basin management agencies, and other relevant departments of the people's governments at or above the county level shall pay attention to maintaining reasonable river flows and lakes, reservoirs, and Reasonable groundwater level to maintain the natural purification capacity of the water body.

Article 31 When engaging in water activities such as water resources development, utilization, conservation, protection, and prevention and control of water damage, it shall comply with the approved plan; violations of the plan will cause reduced use functions of rivers and lakes, groundwater over-exploitation, and ground In case of subsidence or water pollution, it shall bear the responsibility for treatment.

When mining a mine or constructing an underground project, due to dredging and drainage, the groundwater level drops, the water source is depleted, or the ground collapses, the mining unit or construction unit shall take remedial measures; compensation shall be given to those who cause losses to the lives and production of others in accordance with the law.

Article 32 The water administrative department of the State Council, in conjunction with the environmental protection administrative department of the State Council, relevant departments, and the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government, shall formulate the country in accordance with the comprehensive basin planning, water resources protection planning, and economic and social development requirements. The determined water function zoning of important rivers and lakes shall be submitted to the State Council for approval. Water function zoning of other rivers and lakes across provinces, autonomous regions, and municipalities shall be formulated by the relevant river basin management agencies in conjunction with the water administrative department, environmental protection administrative department, and other relevant departments of the people's government of the province, autonomous region, and municipality where the river and lake are located. After the opinions of the people's governments of the relevant provinces, autonomous regions, and municipalities are reviewed and put forward, they shall be reviewed by the water administrative department of the State Council together with the environmental protection administrative department of the State Council and reported to the State Council or its authorized department for approval.

Water function zoning of rivers and lakes other than those specified in the preceding paragraph shall be formulated by the water administrative department of the local people ’s government at or above the county level in conjunction with the environmental protection administrative department of the people ’s government at the same level and the relevant department, and reported to the people ’s government at the same level or its authorization. Approved by the department and reported to the higher water administrative department and environmental protection administrative department for the record.

The water administrative department or watershed management organization of the people's government at or above the county level shall, in accordance with the water quality requirements of the water function zone and the natural purification capacity of the water body, verify the water pollution capacity of the water area, and propose the water area limitation to the administrative department of environmental protection Opinions on total emissions.

The water administrative department and basin management agency of the local people's government at or above the county level shall monitor the water quality status of the water function area and find that the total discharge of key pollutants exceeds the control index, or the water quality of the water function area does not reach the water area use function Where water quality is required, it shall promptly report the relevant people's government to take control measures and notify the administrative department of environmental protection.

Article 33The State establishes a drinking water source protection zone system. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall designate drinking water source protection zones, and take measures to prevent depletion of water sources and pollution of water bodies, and ensure the safety of drinking water for urban and rural residents.

Article 34It is forbidden to set sewage outlets in the drinking water source protection zone.

New construction, reconstruction or expansion of sewage outfalls in rivers and lakes shall be approved by the competent water administrative department or watershed management agency, and the environmental protection administrative department shall be responsible for examining and approving the environmental impact report of the construction project.

Article 35 If the project is engaged in construction, occupies agricultural irrigation water sources, irrigation and drainage engineering facilities, or has an adverse effect on the original irrigation water and water supply sources, the construction unit shall take corresponding remedial measures. Give compensation.

Article 36 In areas where groundwater is over-exploited, local people's governments at or above the county level shall take measures to strictly control the exploitation of groundwater. In areas where groundwater is severely over-exploited, with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, it is possible to designate areas where groundwater is prohibited or restricted. Groundwater extraction in coastal areas should be scientifically demonstrated and measures should be taken to prevent ground subsidence and seawater intrusion.

Article 37It is forbidden to discard and pile up objects that impede the flooding, and plant forests and high-stalk crops that impede the flooding in rivers, lakes, reservoirs, canals, channels.

It is forbidden to construct buildings or structures that impede flood discharge within the scope of river management, and engage in activities that affect river stability, endanger river bank dyke safety, and other activities that impede river flood discharge.

Article 38The construction of bridges, wharfs and other river-blocking, river-crossing, and river-side buildings and structures within the scope of river course management, and laying of river-crossing pipelines and cables shall comply with the national standards for flood control and other related technologies It is required that the project construction plan be reported to the relevant water administrative department for review and approval in accordance with the relevant provisions of the Flood Control Law.

For the construction of the engineering facilities mentioned in the preceding paragraph, if it is necessary to expand, rebuild, dismantle or damage the original water engineering facilities, the construction unit shall bear the costs of expansion and reconstruction and compensation for losses. However, the exception is that the original engineering facilities are illegal projects.

Article 39The state implements a sand mining license system for river channels. Measures for the implementation of the river sand mining permit system shall be prescribed by the State Council.

If sand mining is carried out within the scope of river management, which affects the stability of the river or endangers the safety of the embankment, the water administrative department of the people's government at or above the county level shall delimit the mining prohibition zone and stipulate the mining prohibition period, and make an announcement.

Article 40 It is forbidden to build land around the lake. Where reclamation has been carried out, land should be returned to the lake in a planned manner in accordance with the flood control standards set by the state.

The reclamation of rivers is prohibited. If reclamation is really needed, it shall be scientifically demonstrated and reported to the people's government at the same level for approval after approval by the water administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government or the water administrative department of the State Council.

Article 41Units and individuals have the obligation to protect water projects, and shall not occupy or destroy engineering facilities such as dikes, bank protection, flood control, hydrological monitoring, and hydrogeological monitoring.

Article 42Local people's governments at or above the county level shall take measures to ensure the safety of water projects, especially dams and dykes within their administrative areas, and eliminate dangers within a time limit. The water administrative department shall strengthen the supervision and management of water project safety.

Article 43The state implements protection for water projects. State-owned water projects shall define the scope of project management and protection in accordance with the provisions of the State Council.

For water projects managed by the department of water administration under the State Council or the basin management agency, the people's government of the province, autonomous region, or municipality directly under the Central Government shall determine the scope of project management and protection.

For water projects other than those specified in the preceding paragraph, the scope of protection and duties of the project shall be determined in accordance with the provisions of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

In the scope of protection of water engineering, it is prohibited to engage in activities such as blasting, drilling wells, quarrying and earth-harvesting that affect the operation of water projects and endanger the safety of water projects.

Chapter V. Water Resources Allocation and Economical Use

Article 44 The department in charge of development plans of the State Council and the department of water administration of the State Council are responsible for the macro-level deployment of water resources across the country. The long-term water supply and demand planning nationwide and across provinces, autonomous regions, and municipalities directly under the Central Government shall be formulated by the water administrative department of the State Council in conjunction with relevant departments, and implemented after review and approval by the department of development planning of the State Council. Local long-term water supply and demand planning shall be formulated by the water administrative department of the local people ’s government at or above the county level in conjunction with relevant departments at the same level based on the long-term water supply and demand planning at the next higher level and the actual situation in the region. After execution.

Long-term water supply and demand planning should be based on the current state of water supply and demand, national economic and social development planning, river basin planning, and regional planning, and in accordance with the principles of water resource supply and demand coordination, comprehensive balance, ecological protection, strict conservation, and reasonable open source.

Article 45. Regulating runoff and allocating water volume shall be based on river basin planning and long-term water supply and demand planning, and water basin allocation plans shall be formulated.

The water allocation plan across provinces, autonomous regions, and municipalities and the water dispatch plan in case of drought emergency shall be formulated by the river basin management agency and the people ’s government of the relevant province, autonomous region, and municipality, and shall be implemented after approval by the State Council or its authorized department. Other cross-administrative water allocation schemes and plans for water dispatch in the event of a drought emergency shall be formulated by the competent water administrative department of the people's government at the next higher level in consultation with the relevant local people's government and implemented after approval by the people's government at the same level.

  After the water allocation plan and the water dispatch plan in the event of a drought are approved, the relevant local people's government must implement it.

The construction of water resources development and utilization projects on the border rivers between different administrative regions shall comply with the approved water allocation plan of the river basin, and the relevant local people ’s governments at or above the county level shall report to the water administrative directors of the people ’s governments at the next higher level. Approved by the department or relevant river basin management agency.

Article 46The water administrative department or basin management agency of the local people ’s government at or above the county level shall, based on the approved water allocation plan and annual forecast water intake, formulate an annual water allocation plan and dispatch plan, and implement unified water dispatch; related Local people's governments must obey.

The annual water allocation plan for important rivers and lakes determined by the state shall be incorporated into the national annual plan for national economic and social development.

Article 47The state implements a system that combines total volume control and quota management of water use.

The relevant industry authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate quotas for the use of water in the industry within their respective administrative regions. , And report to the State Council's water administrative department and the State Council's quality supervision and inspection administrative department for the record.

The competent department of development plan of the local people's government at or above the county level, together with the administrative department of water at the same level, shall formulate an annual water plan based on the water quota, economic and technological conditions, and water allocation plan, which is available for use in this administrative area. Annual water use within the total amount control.

Article 48. Units and individuals who directly draw water from rivers, lakes or underground should apply to the water administrative department or watershed management agency for water in accordance with the provisions of the national water permit system and the paid use of water resources. Permits, and pay water resources fees to obtain water withdrawal rights. However, except for small amounts of water, such as family life and scattered free-range and captive livestock and poultry drinking.

The implementation of the water withdrawal permit system and the specific measures for the collection and management of water resources fees shall be prescribed by the State Council.

Article 49 Water consumption shall be measured and used in accordance with the approved water use plan.

  Water consumption is subject to a metered charge and a progressive increase in price over quota.

Article 50People's governments at all levels shall implement water-saving irrigation methods and water-saving technologies, adopt necessary anti-leakage measures for agricultural water storage and water transfer projects, and improve the efficiency of agricultural water use.

Article 51Industrial water shall adopt advanced technology, processes and equipment, increase the number of times of circulating water, and increase the repeated utilization rate of water.

The state has gradually phased out backward, high-water-consumption processes, equipment, and products. The specific list shall be formulated and announced by the State Council ’s comprehensive economic administration department in conjunction with the State Council ’s water administration department and relevant departments. Producers, sellers or users in production and operation shall stop production, sale or use of listed technologies, equipment and products within the prescribed time.

Article 52The urban people's government shall take effective measures to adapt to local conditions, promote water-saving domestic water appliances, reduce the leakage rate of urban water supply networks, and improve the efficiency of domestic water; strengthen the centralized treatment of urban sewage, encourage the use of recycled water, and increase sewage Recycling utilization.

Article 53In new construction, expansion, and reconstruction projects, water conservation measures shall be formulated and water conservation facilities shall be constructed. Water-saving facilities shall be designed, constructed and put into operation simultaneously with the main project.

Water supply enterprises and units that build their own water supply facilities shall strengthen the maintenance and management of water supply facilities and reduce water leakage.

Article 54. People's governments at all levels shall actively take measures to improve the drinking water conditions for urban and rural residents.

Article 55 Using water supplied by water projects shall pay water fees to water supply units in accordance with state regulations. The price of water supply shall be determined in accordance with the principles of compensation cost, reasonable income, high quality and preferential price, and fair burden. The specific measures shall be formulated by the price competent department of the people's government at or above the provincial level, together with the water administrative department at the same level or other water supply administrative departments, in accordance with their functions and powers.

Chapter VI. Handling of Water Disputes and Supervision and Inspection of Law Enforcement

Article 56If water disputes occur between different administrative areas, they shall be handled through consultation; if the consultation fails, the people's government at the next higher level shall make a ruling, and the parties concerned must abide by them. Before water disputes are resolved, no party can build drainage, block water, take water, or intercept (storage) water within a certain range on both sides of the border of the administrative region without the agreement of the parties or the approval of the common people's government at a higher level. Engineering must not unilaterally change the status of water.

Article 57Water disputes between units, between individuals, and between units and individuals shall be settled through negotiation; if the parties are unwilling to negotiate or fail to negotiate, they may apply to the local people's government at or above the county level or their Mediation by authorized departments may also directly bring civil lawsuits to the people's courts. If the local people's government at or above the county level or its authorized department fails to mediate, the parties may bring a civil lawsuit to the people's court.

The parties shall not unilaterally change the status quo before water disputes are resolved.

Article 58People's governments at or above the county level or their authorized departments have the right to take temporary measures when handling water disputes, and the parties or parties concerned must obey.

Article 59The water administration departments and river basin management agencies of the people's governments at or above the county level shall strengthen supervision and inspection of violations of this Law and investigate and deal with them in accordance with law.

Water supervision and inspection personnel shall be loyal to their duties and enforce the law impartially.

Article 60When performing the supervision and inspection duties prescribed in this law, the water administrative department, watershed management organization, and water supervision and inspection personnel of the people's government at or above the county level shall have the right to take the following measures:

(1) Require the inspected unit to provide relevant documents, certificates, and materials;

(2) requesting the inspected unit to make explanations on issues related to the implementation of this Law;

(3) Entering the production site of the inspected unit for investigation;

(4) Ordering the inspected unit to stop violating this law and perform its legal obligations.

Article 61The relevant units or individuals shall cooperate with the supervision and inspection work of the water supervision and inspection personnel, and shall not refuse or hinder the water supervision and inspection personnel from performing their duties in accordance with law.

 Article 62 When performing supervision and inspection duties, water administration supervisors and inspectors shall present law enforcement certificates to the inspected unit or individual.

Article 63If the people's government at or above the county level or the water administration department at a higher level finds that the water administration department at or below the level has violated the law or failed to perform its duties in supervision and inspection, it shall order it to make corrections within a time limit.

Chapter VII Legal Liability

Article 64The water administrative department or other relevant departments, as well as the water engineering management unit and its staff, use the convenience of their positions to collect other people's property, other benefits, or neglect their duties. For units or individuals that do not meet the legal conditions Issuing permits, signing review and approval opinions, not allocating water in accordance with water allocation schemes, not collecting water resources fees in accordance with relevant state regulations, failing to perform supervisory duties, or failing to investigate and deal with illegal acts that cause serious consequences and constitute crimes The person in charge and other directly responsible persons shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if it is not enough for criminal punishment, administrative sanctions shall be imposed in accordance with the law.

Article 65The construction of structures or structures that impede flood discharge within the scope of river course management, or engage in activities that affect river stability, endanger river bank dyke safety, and other activities that impede flood discharge of river courses shall be handled by the people ’s government at or above the county level. The water administrative department or river basin management agency shall, in accordance with its functions and powers, order the suspension of illegal acts, the demolition of illegal buildings and structures within a time limit, and the restoration of the original status; A fine ranging from 10,000 yuan to 100,000 yuan shall be imposed.

  without permission of the water administrative department or river basin management agency, unauthorized construction of water projects, or construction of bridges, wharves and other rivers, rivers, riverside buildings, structures, laying river-crossing pipelines and cables, and flood prevention laws In accordance with the regulations, the water administrative department or the river basin management organization of the people's government at or above the county level shall, based on its functions and powers, order the suspension of illegal acts and make up the relevant formalities within a time limit; if it fails to do so or the approval is not completed, it shall be ordered to demolish the illegal buildings and structures within a time limit; If it is not demolished, it will be demolished forcibly, and the expenses required shall be borne by the illegal unit or individual, and a fine ranging from 10,000 yuan to 100,000 yuan shall be imposed.

While the water administrative department or the river basin management agency agrees, but the construction facilities listed in the preceding paragraph are not built in accordance with the requirements, the water administrative department or the river basin management agency of the people's government at or above the county level shall order correction within a time limit according to its powers. In light of the seriousness, a fine ranging from 10,000 yuan to 100,000 yuan shall be imposed.

Article 66 If one of the following acts is not stipulated in the flood control law, the water administrative department or the river basin management organization of the people's government at or above the county level shall, based on its functions and powers, order the suspension of illegal acts, remove obstacles within a time limit, or take other actions Remedial measures, fines ranging from 10,000 yuan to 50,000 yuan:

(1) Abandoning or stacking objects that impede flood flow and planting forest trees and high-stalk crops that impede flood flow in rivers, lakes, reservoirs, canals, channels;

(II) Land surrounding lakes or river reclamation without approval.

Article 67If a sewage outlet is set up in a drinking water source protection zone, the local people's government at or above the county level shall order it to be demolished and restored to its original state within a time limit; if it is not removed within the time limit, it shall be forcibly demolished and restored to its original state, and A fine of 50,000 to 100,000 yuan shall be imposed.

Without the review and approval of the water administrative department or river basin management agency, unauthorized construction of new rivers, lakes, or expansion of sewage outfalls, the water administrative department or river basin management agency of the people's government at or above the county level shall order to stop illegal acts in accordance with its functions and powers. , Within a time limit to restore the original state, and imposed a fine of 50,000 yuan to 100,000 yuan.

Article 68If production, sales, or use in production and operation of outdated, high-water-consumption processes, equipment, and products that are explicitly eliminated by the state are ordered, the competent economic comprehensive department of the local people's government at or above the county level shall order the production, Sale or use shall be imposed a fine of 20,000 yuan up to 100,000 yuan.

Article 69 One of the following acts shall be ordered by the water administrative department or the basin management agency of the people ’s government at or above the county level to stop the illegal acts and take remedial measures within a time limit. The following fines; if the circumstances are serious, his water withdrawal permit shall be revoked:

(1) taking water without authorization;

(2) failing to draw water in accordance with the conditions stipulated in the approved water withdrawal permit.

Article 70If the water resources fee is refused to be paid, delayed or owed, the water administrative department or the river basin management organization of the people's government at or above the county level shall order payment within a time limit; From now on, a late payment fee of two thousandths of the late payment will be charged on a daily basis, and a fine of one to five times the water resource fee payable or payable.

Article 71If the water-saving facilities of the construction project have not been completed or have failed to meet the requirements set by the state, and are put into use without authorization, the relevant departments of the people's government at or above the county level or the river basin management institution shall order the suspension of use and correct within a time limit A fine of 50,000 to 100,000 yuan shall be imposed.

 Article 72 If one of the following acts constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law; if the criminal punishment is not enough and the Flood Prevention Law does not provide for it, the water administrative director of the local people's government at or above the county level Departments or river basin management agencies shall, in accordance with their functions and powers, order to stop illegal acts, take remedial measures, and impose fines ranging from 10,000 yuan to 50,000 yuan; violations of public security management penalties shall be punished by public security organs in accordance with law; , In accordance with the law to bear liability for compensation:

(1) Occupying or destroying water engineering, dike, bank protection and other related facilities, and destroying flood prevention, hydrological monitoring, hydrogeological monitoring facilities;

(二)在水工程保护范围内,从事影响水工程运行和危害水工程安全的爆破、打井、采石、取土等活动的。

第七十三条侵占、盗窃或者抢夺防汛物资,防洪排涝、农田水利、水文监测和测量以及其他水工程设备和器材,贪污或者挪用国家救灾、抢险、防汛、移民安置和补偿及其他水利建设款物,构成犯罪的,依照刑法的有关规定追究刑事责任。

第七十四条在水事纠纷发生及其处理过程中煽动闹事、结伙斗殴、抢夺或者损坏公私财物、非法限制他人人身自由,构成犯罪的,依照刑法的有关规定追究刑事责任;尚不够刑事处罚的,由公安机关依法给予治安管理处罚。

第七十五条不同行政区域之间发生水事纠纷,有下列行为之一的,对负有责任的主管人员和其他直接责任人员依法给予行政处分:

(一)拒不执行水量分配方案和水量调度预案的;

(二)拒不服从水量统一调度的;

(三)拒不执行上一级人民政府的裁决的;

(四)在水事纠纷解决前,未经各方达成协议或者上一级人民政府批准,单方面违反本法规定改变水的现状的。

第七十六条引水、截(蓄)水、排水,损害公共利益或者他人合法权益的,依法承担民事责任。

第七十七条对违反本法第三十九条有关河道采砂许可制度规定的行政处罚,由国务院规定。



第八章附则

第七十八条中华人民共和国缔结或者参加的与国际或者国境边界河流、湖泊有关的国际条约、协定与中华人民共和国法律有不同规定的,适用国际条约、协定的规定。但是,中华人民共和国声明保留的条款除外。

第七十九条本法所称水工程,是指在江河、湖泊和地下水源上开发、利用、控制、调配和保护水资源的各类工程。

第八十条海水的开发、利用、保护和管理,依照有关法律的规定执行。

第八十一条从事防洪活动,依照防洪法的规定执行。

水污染防治,依照水污染防治法的规定执行。

第八十二条本法自2002年10月1日起施行。

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